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complainant or an information by the prosecuting officer 3. Offenses committed aboard a train, vehicle,
aircraft or vessel (see R110, §15)
à Court gains jurisdiction over the person of the accused
upon arrest or surrender; such jurisdiction once gained i. Railroad, train, aircraft
3. Complaint and Information distinguished: 5. Remedies of offended party when fiscal unreasonably
refuses to file an information or include a person therein as
Complaint Information
an accused
A sworn statement Need not be sworn to
1. In case of grave abuse of discretion, action
Subscribed by the offended
party, any peace officer or for mandamus
other officer charged with
the enforcement of the 2. Lodge a new complaint against the offenders
law violated Subscribed to by the fiscal 3. Take up matter with the Secretary of Justice
May be filed either with 4. Institute administrative charges against the erring
the court or in the fiscal’s fiscal
office generally to
commence the preliminary 5. File criminal charges under Art. 208, RPC
investigation of the (prosecution of offenses)
charges made Filed with the court
6. File civil action under Art. 27, NCC for damages
(PO refuses or neglects to perform official duty)
4. Cases where civil courts of equal rank are vested with
7. Secure appointment of another fiscal
concurrent jurisdiction:
8. Institute another criminal action if no double
jeopardy is involved
1. Features stated in Art. 2, RPC
à By filing the complaint or information directly with said Prescription Shall Begin to Run”), §2 of which provides that
courts, or a complaint with the fiscal’s office period of prescription is suspended only when judicial
proceedings are instituted against the guilty party.
c. In Metropolitan Trial Courts
8. Contents of information
à By filing the complaint ONLY with the office of the fiscal
a. Name of the accused
à In all 3 above cases, such institution shall interrupt the
period of prescription of the offense charged (Rule 110, §1) à Information may be amended as to the name of the
accused, but such amendment cannot be questioned for
d. Offenses subject to summary procedure the first time on appeal (People vs. Guevarra)
[i.e. (1) violation of traffic laws; (2) violation of rental à Error of name of the offended party: if material to the
laws; (3) violation of municipal or city ordinances; and (4) case, it necessarily affects the identification of the act
criminal cases where the penalty does not exceed 6 months charged. Conviction for robbery cannot be sustained if
there is a variance between the allegation and the proof as à Qualifying and inherent aggravating circumstances need
to the ownership of the property stolen. to be alleged as they are integral parts of the crime. If
proved, but not alleged, become only generic aggravating
b. Designation of offense by statute (or of circumstances.
section/subsection of statute violated)
9. Amendment of information and Substitution of
à Only one offense charged, EXCEPT where law prescribes information, distinguished
a single punishment for various offenses.
Substitution
à If facts do not completely allege all the elements of the Amendment
crime charged, the info may be quashed; however, the Involves either formal or Necessarily involves a
substantial changes substantial change
prosecution is allowed to amend the info to include the
necessary facts (People vs. Purisima) Needs leave of court as
Without leave of court if original information has to
before plea be dismissed
c. Acts or omissions complained of constituting the
Where only as to form,
offense there is no need for Another preliminary
another preliminary investigation is entailed
investigation and retaking and accused has to plead
à Information need only allege facts, not include all the of plea of accused anew
evidence which may be used to prove such facts (Balitaan
Refers to the same offense
vs. CFI) charged or which
necessarily includes or is
necessarily included in
d. Name of offended party original charges, hence, Requires or presupposes
substantial amendments to that new info involves a
info after plea taken different offense which
e. Approximate time of commission cannot be made over does not include or is not
objections of accused for included in the original
if original info is charge, hence, accused
à Approximation of time is sufficient; amendment as to withdrawn, accused could cannot claim double
invoke double jeopardy jeopardy
time is only a formal amendment; no need to dismiss case
(People vs. Molero)
10. After plea, amendment only as to matters of form,
à A significant discrepancy in the time alleged cannot be
provided
sustained since such would allow the prosecution to prove
an offense distantly removed from the alleged date, thus 1. Leave of court is obtained; and
substantially impairing the rights of the accused to be 2. Amendment is not prejudicial to rights of accused
informed of the charges against him (People vs. Reyes)
11. When amendment is only as to form
f. Place of commission
1. Neither affects or alters nature of offense charged
à Conviction may be had even if it appears that the crime 2. Charge does not deprive accused of a fair
was committed not at the place alleged, provided that the opportunity to present his defense
place of actual commission was within the court’s 3. Does not involve a change in basic theory of
à If offended party who is a minor fails to file the discretion over the disposition of the case (Republic vs.
so.
à Objection to the amendment of an information or
à In crimes against chastity, the consent of the victim is a complaint must be raised at the time the amendment is
jurisdictional requirement–retraction renders the made; otherwise, deemed to have consented thereto.
à Remedy: file a motion to quash; failure is equivalent to expense and vexation to parties-litigants.
a waiver
3. Civil action suspended when criminal action filed,
independent of the criminal proceeding to recover damages 4. Civil action not one intended to enforce civil
from the offender. liability arising from the offense (e.g., action for
legal separation against a spouse who committed
to file such civil action separately shall be allowed or any time before prosecution rests.
recognized.
5. Remedies
a. Reservation of right to institute separate civil filed with the MTC without need of an information, which is
proceedings to recover civil liability arising from crime merely recommendatory (Tandoc vs. Resultan)
à Absence of a preliminary investigation is NOT a ground
à Must be made before prosecution presents evidence for a motion to quash the information; an information filed
without a preliminary investigation is defective but not
à Action instituted only after final judgment in criminal
fatal; in its absence, the accused may ask for one; it is the
action
fiscal’s refusal to conduct a preliminary investigation when
the accused demands one which is a violation of the rights
b. Petition to suspend the criminal action
of the accused (Doromal vs. Sandiganbayan). Court should
à May be filed upon existence of a prejudicial question in a not dismiss the info, but hold the case in abeyance and
pending civil action either: (1) conduct its own investigation; or (2) require the
fiscal to hold a reinvestigation.
à Filed at any time before the prosecution rests 2. GENERAL RULE: The fiscal conducts the preliminary
investigation before filing an information with the
6. Extinction of penal action does not carry with it
RTC, EXCEPT where the accused is lawfully arrested
extinction of the civil unless the extinction proceeds from a
without a warrant and an inquest is conducted.
declaration in a final judgment that the fact from which
the civil might arise did not exist. 3. Right to Preliminary Investigation
à Final judgment in civil absolving defendant from civil à A personal right and may be waived
liability not a bar to criminal action
à Waived by failure to invoke the right prior to or at least
7. Filing fees: at the time of the plea
1. When strong-arm tactics are used for vindictive person to be arrested committed it
null and void à The continuing crime, not the crime finally charged,
4. When it will aid the administration of justice needs only be the cause of the arrest (Umil vs. Ramos)
(Guingona vs. City Fiscal) (either serving sentence or with case pending)
4. Procedure
2. General Rule: No person may be arrested without a
warrant. a. With warrant
1. Complainant files application with affidavits (7) Person who escapes after arrest may be immediately
attached pursued
2. Judge conducts ex parte preliminary examination
to determine probable cause vi. Person arrested is brought to nearest police station
or jail
à In determining probable cause, judge must:
b. Without warrant:
(1) Personally examine witness
1. Person is arrested
(2) Witness must be under oath 1. Person arrested may waive right to Art.
125, RPC and ask for preliminary
(3) Examination must be reduced to writing (Luna vs. investigation or inquest
Plaza) à Fiscal is not judicial authority contemplated under Art.
à In determining probable cause, the judge may rely on 125 (Sayo vs. Chief of Police)
findings by responsible officer (Lim vs. Felix) 1. Fiscal files info
(1) Person informed that he is being arrested a. Petition for writ of habeas corpus
(2) Informed of cause of his arrest à Filed with any court, to effect immediate release of the
person detained
(3) Officer may break door or window if admission to
building is refused à Filed when a person is being illegally detained (without
judicial process), or was illegally arrested (void warrant or
(4) Person physically restrained
unlawful warrantless arrest, or warrantless arrest beyond
period with no information filed)
à For private citizens making an arrest
quashal of the warrant of arrest and/or a motion to quash involuntary confession is inadmissible
the information, not habeas corpus (Ilagan vs. Enrile) 1. Miranda rule: the accused must
be informed of his rights
à Habeas corpus is no longer available after an information
1. To remain silent
has been filed, the information being the judicial process
2. Against self-incrimination
required by law (Ilagan vs. Enrile)
3. To counsel
à Habeas corpus is proper when a person is being
4. Definition of custodial
restrained illegally, e.g., imprisoned past maximum penalty
investigation questioned
allowed by law (Gumabon vs. Director of Prisons)
1. It begins only
after arrest
b. Quashal of warrant of arrest
2. Police
investigations
à Filed with court which issued the warrant of arrest when
prior to arrest are
the warrant of arrest is fatally flawed
not covered
3. The rights may be
c. Motion to quash information
waived, but the
rights to be
à Filed with court when information against the person
informed of these
arrested has been filed
rights,i.e., to
warning, may not
à Must be made in a “special appearance” before the court
be waived
questioning only its lack of jurisdiction over the person of
4. Warning must not
the accused
only be said,
officer must make
à Otherwise, the voluntary appearance of the person
sure the person
arrested by filing a motion before the court would be
arrested
deemed a submission to the authority of the court, thus
understands them
granting it whatever jurisdiction it lacked over the person
specifically
5. Present rules
à Any irregularity in the arrest is cured when the
1. Voluntary
petitioner submits himself to the jurisdiction of the
confessio
court, e.g., by filing for bail (Bagcal vs. Villaraza)
ns are
7. V.V. Mendoza, “Rights to Counsel in Custodial
admissibl
Investigation” e
2. Test of
à Evolution of rights of the accused under custodial
voluntari
investigation ness
determin
1. All involuntary confession were inadmissible;
ed on a
accused had to prove involuntariness
case-to-
1. Involuntary confessions were inadmissible
case basis
only if they were false
3. Waiver of
rights
must not à Bail should be available regardless of other
only be circumstances or the merits of the case, if the health or
with the life of the detainee is in danger (Dela Rama vs.
counsel
People’s Court)
but must
à Excessive bail is tantamount to denial of bail, which is
be in
unconstitutional (Dela Camara vs. Enage)
writing
à Confessions made without assistance of counsel are 3. When bail is a matter of right
inadmissible as evidence to incriminate the accused, but
they may be used to impeach the credibility of the à Before or after conviction by MTC, MCTC, MJC
accused, or they may be treated as verbal admission of the
accused through the testimony of the witnesses (People vs. à Before conviction by the RTC of an offense not
à Evidence must be strong that the accused is guilty of the violation of ordinance for at least 2 times
b. Automatic cancellation
15. Remedies
1. Case is dismissed
1. Application for bail, when bail can be availed of as
1. Accused is acquitted
a matter of right
2. Accused is convicted and surrenders for
2. Petition for bail, when the offense charged is a
execution of judgment
capital offense
1. Same as that in previous case No person shall be deprived of life, liberty or property
1. Necessarily includes or is included in the without due process of law, nor shall any person be denied
previous case the equal protection of the laws.
2. An attempt or frustration of the offense in
previous case à Constitution, Art. III, Sec. 14
1. An offense lesser than that
charged to which the accused 1. No person shall be held to answer for a criminal
pleaded guilty with the consent of offense without due process of law.
the fiscal and the offended party 2. In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved,
4. Exceptions to double jeopardy and shall enjoy the right to be informed of the
nature and cause of the accusations against him, to
1. The offense was made graver by supervening have a speedy, impartial and public trial, to meet
events the witnesses face to face, and to have compulsory
2. The facts constituting the graver offense were only process to secure the attendance of witnesses and
discovered after the filing of the earlier the production of evidence in his behalf.
information
à No double jeopardy if the new fact which justified the However, after arraignment, trial may proceed
new charge arose only after arraignment and conviction notwithstanding the absence of the accused provided that
(People vs. City Court) he has been duly notified and that his failure to appear is
à Constitution, Art. III, Sec. 21 à NOTE, HOWEVER, under SC Circular 38-98 (implementing
“Speedy Trial Act of 1997”), accused must be given at least
No person shall be twice put in jeopardy of punishment for 15 days to prepare for trial, which shall commence within
the same offense. 30 days from receipt of Pre-Trial Order.
If an act is punished by a law or ordinance, conviction or j. Case proceeds to pre-trial, trial or hearing, depending
acquittal under either shall constitute a bar to another on the plea
prosecution for the same act.
à Statement in the judgment that the accused was
Rule 116 Arraignment and Plea arraigned and pleaded is sufficient; the manner of
statement of such fact is immaterial (People vs. Cariaga)
1. Procedure
2. Kinds of plea
1. Court informs accused of his right to counsel and
asks him if he wants one
1. No plea – a plea of not guilty shall be entered
2. Court appoints counsel de oficio if accused has
2. Conditional plea of guilt – a plea of not guilty shall
none
be entered
3. Not guilty – case proceeds to trial or pre-trial
à If no such member of the available, any person who is a
4. Guilty to a lesser offense – if fiscal and offended
resident of the province, of good repute for probity and
party consents, conviction under offense charged
ability to defend accused
for purposes of double jeopardy
5. Info may be amended
c. Court gives counsel time to confer with accused at
1. Case goes to trial
least an hour before arraignment
2. Even if info is not amended, and even if
lesser offense is not included in offense
à Period allowed for counsel de oficio to confer with
charged, court may still find the accused
accused must be substantially complied with; if not, case
guilty of that lesser offense
may be remanded for re-arraignment (People vs. Gonzaga)
1. Accused given a copy of the information, which is e. Guilty to a capital offense
read to him in a language he understands
2. Accused is asked whether he pleads guilty or not à Court conducts searching inquiry to determine if accused
guilty was aware of the charges, of his plea, and its consequences
3. Accused files a motion to quash or makes plea
4. Accused personally makes his plea à Court requires prosecution to present evidence to prove
5. Plea is entered into record guilt of accused and determine his degree of culpability,
6. If accused makes plea of not guilty, counsel has at and accused may still establish presence of mitigating
least 2 days to prepare for trial circumstances in his favor
à People vs. Agbayani – the right for 2 days to prepare must
be expressly demanded. Only when so demanded does f. Guilty to a non-capital offense
denial thereof constitute reversible error and ground for
à Court receives evidence from the parties to determine c. Motion to suspend arraignment
penalty to impose
à Filed when the accused seems mentally unsound or if
à Plea of guilty not necessarily followed by there is a prejudicial question in a pending civil case
conviction. Upon receipt of exculpatory evidence (if
accused pleaded guilty), trial court should consider the d. Motion to withdraw an improvident plea of guilt
à Plea of guilty waives only defects which may be taken not aware of the significance of pleading guilty to the
b. Improvident plea of guilty may be changed to not guilty Exception: The following grounds may be used in MTQ even
any time before judgment is rendered after plea
1. No offense charged
c. A plea of not guilty may not be changed to guilty, as 2. Lack of jurisdiction over the offense charged
doing so would only spare the prosecution of presenting 3. Extinction of the offense or of the penalty
evidence and still result in the conviction of the accused. 4. Double jeopardy
4. Remedies 3. Grounds
à May be filed any time before plea, even after a MTQ à For the info to charge a complex crime, it is not
necessary that it be defined by law, only that it alleges
à Filed when the information is insufficient in form or is that one offense was necessary to commit the other
generally worded, that a Bill of Particulars is necessary to (People vs. Alagao)
clarify the acts for which the accused is being charged
b. Court has no jurisdiction
b. Motion to quash
1. No territorial jurisdiction
à May be filed at anytime before plea is entered 2. No
jurisdiction over offense charged may be raised
à Based on grounds provided by the rules
at any time; no waiver considered even upon à No waiver
failure to move to quash on such ground
3. No jurisdiction over person of the accused à For charge to be complete, it is necessary to state that it
à The court gained jurisdiction over the person of the was exempted from any amnesty existing at the time
accused when he voluntarily appeared for the pre-
f. Criminal action or liability has been extinguished
suspension hearing (Layosa vs. Rodriguez)
à No double jeopardy if first case was dismissed with the information (People vs. Asuncion)
consent of the accused (Que vs. Cosico), unless ground for NOTE: Court will consider no other grounds other than
dismissal is: (a) denial of right to speedy trial; or (b) those raised, EXCEPT lack of jurisdiction over offense
insufficiency of evidence. charged.
1. Motion to dismiss – if certain grounds were not counsel, cannot cure defect (Fule vs. CA)
decision simply on affidavits; he must give the defendant or offense necessarily included therein
2. Accused detained, not discharged
the chance to cross-examine (Combate vs. San Jose)
3. Original case dismissed upon filing of proper
2. Procedure information
à Example: Charged with theft. At trial, appears that
a. Parties notified of date of trial 2 days before trial date offense is estafa. The prosecution can ask for the dismissal
(R119, §1) of the info in order to file a new one for estafa. No Double
Jeopardy because no valid info in the first case.
à HOWEVER, under SC Circular 38-98, accused must be
given at least 15 days to prepare for trial, which shall 4. Application for examination of witnesses for accused
commence within 30 days from receipt of Pre-Trial Order. before trial
1. Accused may move that his witnesses be examined 1. Sick or infirm; unable to attend trial
2. Defense witnesses examined by any judge or 2. Resides more than 100 km. from means of trial; no
lawyer means to attend
3. Prosecution witnesses, if they would be unable to
attend trial, may be examined by the judge 5. Application (prosecution)
handling the case
4. Trial continues from day to day, unless postponed 1. Sick or infirm
à Cross-examination to be so
2. Party who applies for postponement has not been
à Re-cross guilty of neglect
3. Witness can be had at the time to which the trial
à Offer has been deferred
4. No similar evidence could be obtained
1. Accused may move for discharge
2. Prosecution rests 7. Requisites to discharge of an accused as State Witness
1. Testimony of accused absolutely needed à Prosecution will present evidence and the sworn
2. No other direct evidence available EXCEPT his statement of the proposed state witness
testimony
3. Testimony can be corroborated on material points à Evidence adduced in this said hearing automatically form
4. Accused does not appear to be most guilty part of trial; however, if court denies motion for discharge,
5. Accused has never been convicted of offense his sworn statement shall be inadmissible in evidence.
involving moral turpitude
à Discharge of accused, when not all the requisites were à Discharge of the accused has the effect of acquittal,
met, cannot be revoked as long as he testified according to unless accused fails or refuses to testify against his co-
what was expected of him (People vs. Aninon) accused in accordance with his statement (which formed
the basis for his discharge)
8. Remedies
f. Demurrer to evidence
a. Motion for separate trials
à May be made after the prosecution rests its case
à Filed by the fiscal to try several accused separately
à If the court finds the prosecution’s evidence insufficient,
à Granted at the court’s discretion the case will be dismissed
à May also be ordered by the court motu proprio à Otherwise, if demurrer denied
g. Motion to reopen
c. Motion for continuance – filed to postpone trial for just
cause à Filed after the case is submitted for judgment but before
judgment is actually rendered
d. Motion to exclude public
4. Contents
7. Only a judgment in conviction can be modified or set
aside
1. Written in official language
2. Personally prepared and signed by the judge
1. Before judgment had been final (otherwise double
3. Contains facts proved
jeopardy);
4. Contains law upon which judgment is based
2. Before appeal had been perfected; or
à In case of conviction, judgment must state:
3. To correct clerical errors in the judgment
1. Legal qualification of offense and aggravating and
mitigating circumstances 8. Remedies
2. Level of participation
3. Penalty imposed a. Appeal
4. Civil liability for damages, unless right to separate
civil action has been reserved à Filed within 15 days of promulgation of judgment
à In case of acquittal, judgment must state:
1. Civil liability for damages, unless acts alleged à Period is interrupted by filing of a motion for new trial or
2. Basis of liability
à On motion of accused or at its own instance with consent
ii. New evidence has been found which could not have been 3. Motion for New Trial is denied if:
found before and which could change the judgment
1. Only impeaching evidence is sought to be
9. Procedure for new trial introduced as the court had already passed upon
issue of credibility
1. Hearing shall be set and held 2. Only corroborative evidence is offered
2. All evidence not alleged to be in error shall stand 3. Prisoner admits commission of crime with which
3. New evidence will be introduced accused is charged (facility with which such
4. Old judgment may be set aside and a new one confession can be obtained and fabricated)
rendered 4. Alleged new evidence is inherently improbable and
10. Notes: could easily be concocted
à Suspension of sentence for youthful offenders – after 5. Alleged new evidence consists of recantations of
conviction, minor is committed to custody and care of prosecution witness, due to unreliability of such
DSWD or any training institution until reaches 21 years of recantations, EXCEPT if no other evidence to
1. Reopening of the case à In New Trial, irregularities are expunged from the record
and/or new evidence is introduced. In modification of
1. Made by the court before judgment is rendered in
judgment, no new hearings or proceedings of any kind or
the exercise of sound discretion
change in the record or evidence. A simple modification is
2. Does not require consent of accused
made on the basis of what is on the record.
6. New Trial vs. Reopening of the Case certify the case and the entire record thereof to the SC for
review (R124, §13)
à New trial presupposes that existence of a judgment to be
set aside upon the granting of a new trial à CA may reverse, affirm, or modify judgment of RTC, or
remand case for new trial or re-trial, or dismiss the case
à In reopening, no judgment has yet been rendered,
although the hearing may have already been closed à If RTC decided case in appellate jurisdiction: Petition
for Review
7. Motion for Reconsideration
ii. With SC: notice of appeal where penalty imposed is
à Grounds are errors of law or fact in judgment, which life imprisonment, or lesser penalty involving offenses
require no further proceedings. committed on the same occasion, or arising out of same
occurrence where graver penalty of death is available but
8. Effects of Granting Motion for New Trial or
life imprisonment is imposed; all other cases, by petition
Reconsideration
for review on certiorari
à Notice served to lower court and to adverse party appeal is where the accused decides to serve his sentence.
b. Filed with the CA or SC, if original case was with RTC 2. Effect of appeal by any of several accused
i. With CA: notice of appeal with court, and with copy on 1. Shall not affect those who did not appeal, EXCEPT
perpetua or higher, it shall render judgment imposing said 3. Execution of judgment on appellant will be stayed
penalty, but refrain from entering judgment and then upon perfection of appeal
3. When appeal by prosecution from order of dismissal of à For a warrant to be valid, it must meet the requirements
criminal case will not result in double jeopardy set by law (Burgos vs. Chief of Staff)
à Tapping conversations is equivalent to a search and
1. Dismissal made upon motion or with express
seizure (US vs. Katz)
consent of the accused
2. Dismissal is not an acquittal nor based upon 2. General Rule: No search or seizure can be conducted
consideration of the evidence or merits of the case
unless it is authorized by a search warrant. Evidence
3. Question to be passed upon by the appellate court
gathered from an illegal search and seizure is inadmissible.
is purely legal so that if the dismissal is found
incorrect, the case has to be remanded to the à Warrantless searches are illegal, unreasonable and
court of origin to determine the guilt or innocence
unconstitutional (Alvarez vs. CFI)
of the accused
à It is not the police action which is impermissible, but the
4. When serving sentence, remedy is to petition for habeas
procedure and unreasonable character by which it is
corpus
exercised (Guazon vs. de Villa)
1. Filed when the law under which the accused was
à Court gains jurisdiction over items seized by a valid
convicted is repealed or declared unconstitutional
search warrant and returned to it, and such is not an
2. When a later judgment is rendered acquitting
unconstitutional deprivation of property (Villanueva vs.
others for similar circumstances
Querubin)
à Otherwise, equal protection is violated à Evidence from an illegal search may be used as evidence,
if no objection is raised (Stonehill vs. Diokno)
1. When penalty is lowered and convict has already
served more than the maximum period of the new à Right against unreasonable search and seizure may be
penalty waived, but for the waiver to be effective:
à Habeas corpus is available when a person is imprisoned
beyond the maximum penalty imposed by law (Gumabon 1. The right must exist
2. Person must be aware of the right
vs. Dir. of Prisons)
3. Person clearly shows the intent to relinquish such
NOTE: When dismissal is capricious, certiorari lies and no
right
double jeopardy since validity and not correctness of
à No waiver against unreasonable search and seizure when
dismissal is being challenged.
one compromises the criminal proceedings (Alvarez vs. CFI)
Rule 126 Search and Seizure
à There is no waiver of right when evidence of coercion is
1. Search warrant – an order in writing issued in the name
present (Roan vs. Gonzales)
of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for
3. Requisites of a valid search warrant
personal property described therein and bring it before the
court a. Issued upon probable cause
à Cannot be issued to look for evidence (Uy Khetin vs.
Villareal) à Probable cause – such facts and circumstances which
à Seizing objects to be used as evidence is equivalent to would lead a reasonably prudent man to believe that a
forcing one to be a witness against himself (Uy Khetin vs. crime has been committed and the thing to be searched for
vs. CA)
à Oath requires that the person taking it personally knows
c. Issuing judge personally examined, in the form of the facts of the case (People vs. Sy Juco)
searching questions, the appellant and his witness and took à Affidavits submitted must state that the premises is
down their written depositions occupied by the person against whom the warrant is issued,
that the objects to be seized are fruits or means of
d. Search warrant particularly describes or identifies the committing a crime, and that they belong to the same
property to be seized person, thus, not affecting third persons (People vs. Sy
Juco)
à Property which men may lawfully possess may not be the
à When complainant’s knowledge is hearsay, affidavits of
object of a search warrant (Uy Khetin vs. Villareal)
witnesses are necessary (Alvarez vs. CFI)
à Nature of goods may allow description to be general or
b. Judge conducts ex parte preliminary examination of
not too technical (Alvarez vs. CFI)
complainant and witnesses under oath to determine
probable cause
e. Particularly describes the place to be searched
à Judge must ask probing questions, not just repeat facts
in the affidavit (Roan vs. Gonzales)
f. It shall issue only for one specific offense
1. Description is as specific as circumstances allow inventory, and surrenders items seized to receiving court
2. Expresses a conclusion of fact by which the (not necessarily court which issued the warrant)
(1) Immediate time of arrest produce, and particularly describing the place to be
searched and the persons or things to be seized.
(2) Immediate vicinity of the arrest
à Constitution, Art. III, Sec. 3
(3) Weapons and things which may be used as proof of
offense charged (Nolasco vs. Pano) 1. The privacy of communication and correspondence
shall be inviolable except upon lawful order of the
iii. Subject in an offense which is mala prohibita cannot
court, or when public safety or order requires
be summarily seized (Roan vs. Gonzales)
otherwise as prescribed by law.
2. Any evidence obtained in violation of this or the
iv. May extend beyond arrestee to include premises and
preceding section shall be inadmissible for any
surrounding under his immediate control
purpose in the proceeding.
1. Border searches (customs, mail and airport) Rule 127 Provisional Remedies in Criminal Cases
3. Plain view
1. Accused is about to abscond from RP
4. Moving vehicle
2. Criminal action is based on a claim for money or
5. Hot pursuit
property embezzled or fraudulently misapplied or
6. Stop-and-frisk, reasonable check-points
converted to the use of the accused who is a public
7. Private searches with no state action (People vs.
officer, or any officer of a corporation, or an
Marti)
attorney, factor, broker, agent or clerk in a
8. Inspection of building and premises for
fiduciary capacity, in willful violation of duty
enforcement of fire, sanitary and building
3. Accused has concealed, removed or disposed of his
regulations
property, or is about to do so
4. Accused resides outside the RP
8. Person making the arrest may take from the arrestee